Monday, January 26, 2015

Section 12A, read with sections 12AA and 2(15) of the Income-tax Act, 1961

IT: Where assessee had complied with all conditions necessary for grant of registration under section 12AA and since assessee was only a single entity but consisted of different colleges/institutions, operating under such single entity, assessee company was to be granted registration under section 12AA
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[2015] 53 taxmann.com 166 (Hyderabad - Trib.)
IN THE ITAT HYDERABAD BENCH 'A'
Mahindra Educational Institutions
v.
Director of Income-tax (Exemptions), Hyderabad*
P.M. JAGTAP, ACCOUNTANT MEMBER
AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER
IT APPEAL NO. 1338 (HYD.) OF 2014
NOVEMBER  28, 2014
Section 12A, read with sections 12AA and 2(15) of the Income-tax Act, 1961 - Charitable or religious trust - Registration of (Conditions precedent) - Assessee a private limited company, applied for registration under section 12AA - DIT(E) held that as per statutory Form No. 10A and also under sections 12A and 12AA assessee had to be single institution i.e, single entity, and since name of assessee-company indicated a cluster of institutions, registeration was refused - Whether once Commissioner is satisfied about genuineness of activities of trust and objects of trust, he shall grant registration - Held, yes - Whether since assessee had complied with all conditions necessary for grant of registration under section 12AA and since 'institutions' was used as singular noun rather than to bring more than one entity and also that assessee was only a single entity but consisted of different colleges/institutions operating under such single entity, DIT(E) was to be directed to grant registration to assessee company under section 12AA - Held, yes [Paras 10 & 11] [In favour of assessee]

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